Communications and Technology Alert: IP Transition Report and Order; SCOTUS ISP Copyright Infringement Decision; RMD Certification Remedies; Robocall and Onshoring Call Centers NPRM [Vol. XXIII, Issue 13]
Commission Adopts IP Transition Report and Order
Last Wednesday, the Commission adopted a Report and Order to overhaul the Commission’s rules to facilitate an “all-IP environment.” The Report and Order streamlines applications under Section 214 of the Communications Act, including consolidating discontinuance applications under a single rule applicable to all technology transactions, granting blanket Section 214 authority for grandfathered legacy voice, low-speed data, and VoIP services over copper wire, and updating discontinuance regulations relating to grant periods, contents of an application, and emergency procedures. In addition, the Report and Order conveyed the Commission’s findings that federal law under Section 214(c)’s provisions preempt state and local requirements, which were stated to hinder providers’ abilities to discontinue legacy services and retire outdated networks. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Supreme Court Rules for Cox in Copyright Infringement Decision
Last week, the Supreme Court of the United States (SCOTUS) ruled that internet service providers (ISPs) are not liable for copyright infringement when they continue to provide internet access to a subscriber after being informed that the subscriber was using their internet access for copyright infringement. The unanimous ruling in Cox Communications, Inc. V. Sony Music Entertainment, written by Justice Thomas, overturned the Fourth Circuit's 2024 ruling that Cox was liable for materially contributing to the copyright infringement and was thus a "willful infringer itself.” SCOTUS held that contributory copyright liability requires intent to promote or encourage infringement, and that mere knowledge of repeated infringement, without more, is insufficient. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
Commission Orders Thirty-Five Carriers to Cure RMD Certifications
Last week, The Commission’s Enforcement Bureau ordered 35 telecommunications companies to remedy deficiencies in their Robocall Mitigation Database (RMD) certifications, finding that their filings lacked information required under the Commission’s robocall rules. If a company’s certification is removed, all U.S. voice service and intermediate providers must stop accepting calls from that company, except for 911 and other emergency calls. This action follows a flurry of RMD actions in the last year, including the removal of around 1400 carriers from the database in August and the implementation of a 2024 Report and Order in February that introduced a mandatory annual certification that all RMD information is accurate, a new $10,000 fee for "false of inaccurate information" in RMD filings, and a $1,000 fee for failure to updated the database within ten business days of a "any changes to required content." For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commission Adopts Additional Robocall NPRM
Last Wednesday, the Commission adopted a Notice of Proposed Rulemaking (NPRM) seeking comment on compliance measures to ensure quality customer service and protect customer information at existing call centers, as well as policies to facilitate onshoring of new call centers. The NPRM also seeks comment on financial deterrents for illegal robocalls originating outside the United States, including the targeted use of fees or bonds within the scope of the Commission’s legal authority. Chairman Brendan Carr supported the rulemaking as a means of “opening up a new front in our efforts to block illegal robocalls from abroad” as well as improve the customer service experience. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
To sign up for our weekly alert, please send us an email at CommTechLawAlert@khlaw.com and provide us with your name and email.